Within the family system, a minor is considered the most vulnerable. They cannot change their place of residence or start earning money to become independent on their own. Until they reach the age of majority, a child must have a guardian and live with them. If there is no guardian, the minor lives in a children’s home. This is precisely why the recognition of paternity or the termination of parental rights is an important and necessary procedure in a number of cases.
How is paternity established?
Paternity is required to recognise a specific man as the child’s father. This process can be voluntary. It requires an application to the Civil Registry Office via:
- submitting an application after the child’s birth or later;
- collecting the necessary documents.
In the event of a dispute, the parents apply to the court. It is often the case that a man does not wish to acknowledge himself as the father. To bring a claim, the following are required:
- the claimant’s application;
- proof of paternity (DNA test);
- other factors (running a joint household or living together).
How does the termination of parental rights take place?
There are cases where one or both parents have their parental rights terminated. This occurs in the following circumstances:
- failure to fulfil parental responsibilities;
- abandoning the child in a maternity hospital;
- cruel treatment of a minor;
- psychological or physical abuse;
- the presence of harmful habits (alcoholism or drug addiction);
- the deliberate commission of a criminal offence against the child.
In these cases, both the mother and the father may be deprived of their parental rights. To do this, the following steps must be taken:
- gather the necessary documents;
- prove the offence or irresponsibility;
- obtain a report from the child welfare authorities;
- file a claim;
- wait for proceedings to commence;
- obtain a court ruling.
Adult children aged 10 and over may express their own opinion. This will be taken into account by the judge when making a decision.
Parental rights solicitor: support for the family and the child
Consulting a solicitor helps to protect the family’s rights within the legal framework. Their main tasks are:
- gathering evidence to establish paternity;
- contesting paternity;
- proving in court the grounds for termination of parental rights;
- reinstating parental rights following rehabilitation;
- enforcing maintenance payments where necessary;
- assistance in determining the child’s place of residence.
Family lawyer from the Svarog law firm
The assistance of a qualified lawyer can be the first step in resolving a case involving a child. With our firm, you are guaranteed to receive:
- full support until a court decision is reached;
- a clear understanding of each stage of the procedure;
- assistance in preparing documentation and claims;
- mediation in the event of disputes.
Simply call our firm and come for a consultation with a specialist. We will help resolve any issue in your favour.
Important questions and answers
How do I establish paternity through the courts?
The following are the key steps involved:
- filing a claim;
- gathering evidence to establish paternity;
- facilitating the DNA testing procedure;
- paying the court fee;
- obtaining the court decision;
- registration of the father with the Civil Registry Office.
How can paternity be contested?
This is done to remove the father’s details from the child’s birth certificate. The procedure takes place through the courts.
When can parental rights be terminated?
This is possible in the following cases:
- failure to fulfil the duties of a father or mother;
- abandoning the child in the maternity ward;
- violent behaviour towards the child;
- illnesses related to alcohol or drugs;
- any unlawful exploitation of the child.
What evidence is required to terminate parental rights?
All evidence must be supported by documentary evidence. This may be provided by:
- child welfare authorities;
- the police;
- an educational institution;
- a medical institution;
- a psychologist’s report.
Can maintenance be claimed after paternity has been established?
Yes, this can be done through the courts. Moreover, the procedure can take place immediately upon the establishment of paternity.
How much does a solicitor cost in paternity cases?
The cost of a solicitor’s services depends on the complexity of the case and the collection of the necessary documents. It is important to book a consultation first to gain a full understanding of the situation.